Executive · Case
A company took advantage of the opportunity of relocation to transfer production equipment and clear all the company's book assets... Seeing that the enforcement of the employee wage arrears case of more than 300,000 yuan was blocked, at the critical moment, the enforcement judge of the Shanghai Qingpu District People's Court (hereinafter referred to as the Shanghai Qingpu Court) cleverly used the third-party credit reporting APP to expand the information search of the executor, and finally found all the production equipment that was transferred in the affiliated enterprises of a company.
<h1>Employees who moved out of the company were refused to ask for wages</h1>
Shanghai Sequoia Industrial Co., Ltd. (hereinafter referred to as Shanghai Sequoia Company) is a company with a history of 6 years, specializing in clothing ironing machine equipment. A year ago, the company decided to relocate to Suzhou, Jiangsu Province, on June 1, 2017. But in the eyes of employee Xiao Li and others, the company's relocation is not good news, although many of them are migrant workers, but everyone has lived in Shanghai for many years and has long been accustomed to here, so they are reluctant to continue to follow the company to move to Suzhou.
Xiao Li and others want to leave the company, Shanghai Sequoia Company is also busy relocating, did not renew the labor contract with Xiao Li and others, and the relocation notice of Shanghai Sequoia Company clearly informs that for employees who do not want to work in Suzhou, the salary will be settled until May 31, 2017 and severance payment will be paid.
Xiao Li and others regarded the notice of Shanghai Sequoia Company as an expression of intention to terminate the labor relationship for employees who did not want to go to Suzhou, so they demanded that Shanghai Sequoia Company pay economic compensation for the termination of the labor contract, unpaid wages, and double the wage difference between the labor contract and other funds. After being rejected by Shanghai Sequoia Company, Xiao Li and others filed labor arbitration with the Shanghai Qingpu District Labor and Personnel Dispute Arbitration Commission. Later, the arbitration institution made an award, holding that Shanghai Sequoia Company should pay Xiao Li and six other people economic compensation for the termination of the labor contract, unpaid wages, and double the wage difference between the labor contract and so on, totaling more than 300,000 yuan.
<h1>"People go to the empty building" execution is deadlocked</h1>
After the ruling took effect, Shanghai Sequoia Company has been in arrears with more than 300,000 yuan that should have been paid to Xiao Li and 6 other people, and Xiao Li and others have also communicated with Shanghai Sequoia Company many times, and the other party has always used a variety of reasons to prevaricate and perfunctory. In September 2017, anxious Xiao Li and others successively applied to the Qingpu court for compulsory enforcement.
Ni Hong, the judge who undertook the case, and Ni Shengzhe, the assistant judge, carefully read the case file materials of Xiao Li and others, and conducted a comprehensive property survey of the executor, Shanghai Sequoia Company. They first inquired about the bank deposits, securities, real estate, industry and commerce and vehicle information of Shanghai Sequoia Company through the national court network enforcement inspection and control system, and the results showed that Shanghai Sequoia Company had only two bank accounts and no property information such as real estate, securities, and vehicles under its name. Ni Hong quickly froze two bank accounts under the name of Shanghai Sequoia Company, but the bank accounts showed that the balance was zero and there was no capital transaction in the past 3 months.
At this time, Shanghai Sequoia Company has moved out of Shanghai, all machinery and equipment, raw materials and semi-finished products are no trace, Xiao Li and other employees can not provide any property clues of Shanghai Sequoia Company, and the execution was once in trouble.
<h1>Smart search finds execution clues</h1>
Ni Hong carefully sorted out the facts of the case, changed his work ideas, and retrieved and queried according to the keywords "Sequoia Industry" and "Sequoia" according to the keywords "Sequoia Industry" and "Sequoia", and retrieved and queried the results of the inquiry with the equity structure, enterprise chain map, and enterprise chain map of Shanghai Sequoia Company, the respondent to the case, shanghai sequoia company, The information of the annual report of the enterprise and the related enterprises was analyzed and compared, and finally positioned to the Hefei branch of Shanghai Sequoia Company. At the same time, Ni Hong also found a suspected related unit called Suzhou Sequoia Machinery Technology Co., Ltd., and after comparison, one of the shareholders of the unit was the legal representative of Shanghai Sequoia Company. Ni Hong combined the clue recorded in the main text of the arbitral award that "the judgment debtor Sequoia Company moved away to a certain place in Suzhou" and determined the goal of continuing the investigation.
According to the second paragraph of article 15 of the Provisions of the Supreme People's Court on Several Issues Concerning the Modification or Addition of Parties in Civil Enforcement, if the legal person who is the subject to enforcement cannot pay off the debts determined in the effective legal documents, the people's court may directly enforce the property of the branch of the legal person. The Qingpu court directly enforced the Hefei branch of Shanghai Sequoia Company in accordance with the law and controlled the bank account of the Hefei branch, but the balance of the account was still insufficient to pay off the debts of Xiao Li and other applicants.
Therefore, Ni Hong followed the address of Suzhou Sequoia Machinery Technology Co., Ltd. and drove to the company for field investigation. The staff of Suzhou Sequoia Machinery Technology Co., Ltd. argued that the company and Shanghai Sequoia Company were different entities, and the court could not enforce the relevant property of Suzhou Sequoia Machinery Technology Co., Ltd. without legal documents. However, through the information collected before and the early visit of Xiao Li and other applicants, it can be inferred that Suzhou Sequoia Machinery Technology Co., Ltd. is likely to be the foothold of Shanghai Sequoia Company after relocation, and it is also very likely to be the hiding place of Shanghai Sequoia Company's equipment and other assets.
(On-site seizure of the judgment debtor's machinery and equipment)
After Ni Hong explained his intentions and explained the law to Suzhou Sequoia Machinery Technology Co., Ltd., Suzhou Sequoia Machinery Technology Co., Ltd. agreed to Ni Hong enter the production workshop to inspect the equipment. After entering the workshop, Ni Hong carefully inspected the model of the shanghai sequoia company's machinery and equipment provided by the previous applicant executor, and found that one of the equipment was impressively printed with the words "Shanghai Sequoia". Ni Hong then communicated with the person in charge of Suzhou Sequoia Machinery Technology Co., Ltd., made an execution record, and asked about the source of these devices and the reasonable consideration voucher and other proofs. The person in charge of Suzhou Sequoia Machinery Technology Co., Ltd. could not explain why the name of Shanghai Sequoia Company was printed on the machine.
Therefore, Ni Hong seized the equipment on the spot and informed Suzhou Sequoia Machinery Technology Co., Ltd. that it has the right to raise an enforcement objection to the court according to law, otherwise the equipment will enter the appraisal and auction procedure to pay the debts owed by the executor. Knowing that he was in a loss, the person in charge of Suzhou Sequoia Machinery Technology Co., Ltd. suddenly stopped defending.
(The agent of Shanghai Sequoia Company took the initiative to contact the court to perform the enforcement payment)
Afterwards, Shanghai Sequoia Company learned that the account of the Hefei branch and the machinery and equipment transferred to the Suzhou affiliated company were discovered by the court respectively, and knowing that it could not "rely on" the debts determined in the arbitral award, it took the initiative to send a lawyer to communicate with the court, and in November 2017, it fulfilled the full amount of the execution payment. At this point, xiao li and other 6 people more than 300,000 yuan of "hard-earned money" has finally been fully implemented.
Source丨 Shanghai Qingpu Court Ni Shengzhe Cui Binyu